(영문) 수원지방법원 안산지원 2012.08.10 2012고단348

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(영문) 수원지방법원 안산지원 2012.08.10 2012고단348

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant forged private document: (a) on March 15, 2010, entered in blank as “stock transfer/acquisition contract” with the purpose of exercising at the closed location on which the Defendant entered as “the subject matter of transfer: 24,000 common shares; (b) the date of transfer: 24,000 common shares; (c) the amount of transfer: 24,000 shares; (d) the amount of transfer: KRW 5,000 per share; (c) the amount of KRW 5,000 per share; (d) the daily amount of KRW 00,000 per share; (d) the rights and obligations for the subject matter of transfer as of the date of transfer; (e) January 15, 2010; (e) the address of the transferor; resident registration number 108-402; (d) the name and address of the transferee; and (e) the name and seal of the Defendant in advance entered as “A” under the name of the name of the Defendant.

As such, the Defendant forged one copy of the share transfer contract under the name of E, a private document on rights and obligations.

2. In March 2010, the Defendant: (a) presented the forged share transfer and receipt contract at the office of the International Company I, Inc., Ltd. (H market 2008) located in Ansan-gu, Hasan-si; and (b) presented it to J that he may know of the fact that the contract was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness K in the court;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police interrogation protocol against the accused;

1. Each police protocol of statement against L/K;

1. A stock transfer contract, certificate of personal seal impression, minutes of the ordinary general meeting and list of shareholders;

1. Application of Acts and subordinate statutes to each certified copy of judgment;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

1. Determination as to the defendant and his/her defense counsel’s assertion among concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. The Defendant asserted that he prepared in advance the deceased E (Death on February 11, 2010).

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